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The Exchange of Tax Information Portal is an initiative of the Global Forum on Transparency and Exchange of Information for Tax Purposes. The Global Forum conducts peer reviews of its member jurisdictions' ability to co-operate with other tax administrations in accordance with the internationally agreed standard. The standard provides for exchange of information on request where it is foreseeably relevant to the administration and enforcement of the domestic tax laws of the requesting jurisdiction. Effective exchange of information requires that jurisdictions ensure information is available, that it can be obtained by the tax authorities and that there are mechanisms in place allowing for the exchange of that information. The Global Forum's peer review process examines both the legal and regulatory aspects of exchange (Phase 1 reviews) and the exchange of information in practice (Phase 2). The EOI Portal will track the development of these peer reviews, including changes that jurisdictions make in response to the Global Forum's recommendations.

Peer Review: Morocco Phase 1 Review

This report for Morocco has been published on 27 May 2015. You can buy this report, or browse it online below.

Skip directly to the Executive Summary. You may also want to view the tables of determinations and ratings.


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Determinations and Recommendations

Jurisdictions should ensure that ownership and identity information for all relevant entities and arrangements is available to their competent authorities. (ToR A.1)
Determination Factors Recommendations
The element is not in place.   Non-resident companies and non-resident partnerships are not required to keep information enabling their owners to be identified.  Morocco should ensure that non-resident companies and non-resident partnerships are required to keep up-to-date information relating to the ownership of their shares and the identity of shareholders.  
Morocco allows limited companies and the limited partners of partnerships limited by shares to issue bearer shares without having introduced arrangements whereby the holders of such shares can be identified under all circumstances.  Morocco should take the necessary measures to ensure that appropriate arrangements are in place such that the holders of bearer shares can be identified under all circumstances. 
There are no penalties to enforce the obligation for limited companies, to maintain a share register and the obligation, for companies, to file and keep the originals of correspondence received and copies of correspondence sent.   Morocco should ensure that penalties exist in all cases for non-compliance with legal provisions relating to the identification of the owners of relevant entities. 
Jurisdictions should ensure that reliable accounting records are kept for all relevant entities and arrangements. (ToR A.2)
Determination Factors Recommendations
The element is in place.      
Banking information should be available for all account-holders. (ToR A.3)
Determination Factors Recommendations
The element is in place.      
Competent authorities should have the power to obtain and provide information that is the subject of a request under an exchange of information arrangement from any person within their territorial jurisdiction who is in possession or control of such information (irrespective of any legal obligation on such person to maintain the secrecy of the information). (ToR B.1)
Determination Factors Recommendations
The element is in place, but certain aspects of the legal implementation of the element need improvement.   There is no provision, in Moroccan domestic legislation, that preclude the application of professional secrecies and that allow the tax authorities to access information directly from notaries and statutory auditors.  Morocco should ensure that tax authorities have access to information from notaries and statutory auditors, notwithstanding the application of a professional secrecy. 
The rights and safeguards (e.g. notification, appeal rights) that apply to persons in the requested jurisdiction should be compatible with effective exchange of information. (ToR B.2)
Determination Factors Recommendations
The element is in place.      
Exchange of information mechanisms should provide for effective exchange of information. (ToR C.1)
Determination Factors Recommendations
The element is in place.      
The jurisdictions' network of information exchange mechanisms should cover all relevant partners. (ToR C.2)
Determination Factors Recommendations
The element is in place.      
The jurisdictions' mechanisms for exchange of information should have adequate provisions to ensure the confidentiality of information received. (ToR C.3)
Determination Factors Recommendations
The element is in place.      
The exchange of information mechanisms should respect the rights and safeguards of taxpayers and third parties. (ToR C.4)
Determination Factors Recommendations
The element is in place.   Morocco’ tax treaties do not define the term “professional secret” and the scope of the term “professional secret” under domestic laws of Morocco is not clearly consistent with the international standard.  Morocco should restrict the scope of the protection under the term “professional secret” in its domestic laws so as to be in line with the standard for the purpose of agreements for exchange of information.  
The jurisdiction should provide information under its network of agreements in a timely manner. (ToR C.5)
Determination Factors Recommendations
The assessment team is not in a position to evaluate whether this element is in place, as it involves issues of practice that are dealt with in the Phase 2 review.